AP Government Chapter 4
1st Amendment
(esablishment clause or the free exercise clause), an amendment to the Constitution of the United States guaranteeing the right of free expression
Planned Parenthood v. Casey
A Supreme Court case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.
Zurcher v. Stanford Daily
A Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.
Miller v. California
A Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "pantently offensive" and lacking in value.
Schneck v. US
A decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
How are the following terms interrelated: probable cause, unreasonable searches and seizure, search warrant, and exclusionary rule?
All of these are interrelated because the probable cause establishes that someone cannot be arrested unless there reasons to believe that someone is guilty. If someone is believed to be a criminal and evidence is needed to prove that they are guilty, then the police can ask for a search warrant, but they cannot do this without one or else it would be considered an unreasonable search and seizure. The exclusionary rule is what protects the people from the police or anybody else by establishing that evidence cannot be obtained illegally and if it is it cannot be introduced into the courts.
List and explain the importance of three Supreme Court cases concerning the death penalty.
Furman v. Georgia it overturned Georgia's death penalty law, which prompted 35 states to pass new death penalty laws Woodson v. North Carolina ruled against such mandatory death penalties Gregg v. Georgia he death penalty is only to be used in the most extreme of crimes
List and explain the importance of four Supreme Court cases concerning abortion.
Griswold v. Connecticut- it put in play the right to privacy including a right to family planning. Roe v. Wade- it forbade any state control of abortions during the first trimester and during the second trimester, it allowed states to regulate abortion procedures to protect the mother's health, and finally in the third trimester the states were allowed to ban abortion unless the mother's life or health were in danger. Planned Parenthood v. Casey- the court strikes down a provision requiring that married women ask for the consent of their husbands on having an abortion. Sternberg v. Carhart- Nebraska's prohibition of partial birth abortions were unconstitutional.
What is a shield law?
It is a law that protects witnesses (individuals) from revealing certain information, especially in court.
Explain the importance of the Fourteenth Amendment.
It is important because it protects the people from the state, so that their rights are not violated by it.
List four Supreme Court cases concerning the establishment clause and comment on the significance of each.
Lemon v. Kurtzman concern the establishment clause and it is important because it establishes that the government can give aid to churches cannot bind themselves to the church in anyway and they cannot be involved in an effect that will allow the church to advance. Zelman v. Simmons-Harris is important because the Court allowed for a program to help provide vouchers for poor families so that their children could attend religious schools. Engel v. Vitale this is important because this ruled that the recitations of prayer in school was forbidden, since it violated the establishment clause. School District of Abington Township, Pennsylvania v. Schempp this is important because this ruled that the recitations of prayer in school was forbidden, since it violated the establishment clause.
How are the standards for winning libel lawsuits different for public figures and private individuals?
Libel lawsuits for public figures and private individuals is very different. It is much more difficult to win a public figure because it is difficult for them to prove that a publication was intentionally malicious. On the other hand, private individuals have a lower standard to meet for winning libel suits.
List and explain the significance of three Supreme Court cases concerning free speech and public order.
Near v. Minnesota concerned free speech and public order because in this case it was established that anybody is free to public what they want and the government cannot prohibit them from doing otherwise. It also claimed that a news editor could be accused after publication and charged if it violating any laws or any individual's rights Schneck v. United States concerned free speech because in this case, Schenck was charged for urging men to resist the draft since this was seen as impeding the war effort. However, in the end the court upheld the conviction because he did not do anything that could be of potential danger. Dennis v. United States concerned a communist party conspiring to overthrow the government and in retribution, they were placed in jail.
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger
Explain two facets of the freedom of assembly.
Right to Assemble- it gives the right for people to form groups to protest, parade, or picket. However, they have to obtain a permit from a local city government before hand, with a time and location of where they will have this assembly. Also they cannot stir violence, withhold traffic, or get in the way of others; or threaten other people's individual rights. Right to Associate- This gives people the right to join any group that shares a common interest as them.
8th amendment
Safeguards Americans against excessive punishments
Compare and contrast the Supreme Court case of Employment Division v. Smith (1990) with the Religious Freedom Restoration Act of 1993.
Smith made it where government could force laws over religion in order to keep public order without a compelling interest. The Religious Freedom Restoration Act looked to make it where government could only do that if they had a compelling interest.
Barron v. Baltimore
Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
Explain how the Constitution implies a right to privacy.
The Constitution implies a right to privacy through the ten amendments. By establishing these amendments then the people that drafted the Constitution were trying to protect this right by these particular rights.
Who regulates commercial speech?
The Federal Trade Commission (FTC) regulates commercial speech by deciding what types of goods may be advertised on radio and television and regulates the content of the advertising.
How did the Supreme Court define obscenity in the case of Miller v. California?
The Supreme Court case defined obscenity if it mentioned anything concerning sex or if it lacked literary, artistic, political, or scientific value.
New York Times v. Sullivan
The Supreme Court decision established guildines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" amd reckless disregard for the truth.
Roe v. Wade
The Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade the state control over abortions during the first trimester, and permitted states to protect the detus during the third trimester.
Gideon v. Wainwright
The Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has the right to a lawyer. See also Sixth Amendment.
Gitlow v. New York
The Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government. Compare Barron v. Baltimore.
Engel v. Vitale
The Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New Youl's schoolchildren.
Near v. Minnesota
The Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
Mapp v. Ohio
The Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states as well as to the federal government.
Lemon v. Kurtzman
The Supreme Court decision that established that aid to church related scools must (1) have a secular legislative purpose. (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
Miranda v. Arizona
The Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
Explain the Supreme Court ruling in District of Columbia v. Heller (2008).
The Supreme Court ruled that an individual has the right to bear an arm within his home as long as it is used lawfully such as self-defense
Texas v. Johnson
The Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
Incorporation doctrine
The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government
14th Amendment
an amendment to the Constitution of the United States adopted in 1868, extends the guarantees of the Bill of Rights to the states as well as to the federal government
What was the most important difference between the Supreme Court's decision in Barron v. Baltimore and the one in Gitlow v. New York?
The most important difference between these two cases, was that in the first case the court ruled that if a state or a city violates a right protected by the federal Bill of Rights, then there is no penalty and nothing happens because it only applies to the national government, but in the second case it is the opposite.
What are the pros and cons of plea bargaining?
The pros of this are that it saves the state the time and money that would be spend in a trial. The cons to this is that criminals now spend less time in prison for something that they committed.
Right to privacy
The right to a private personal life free from the intrusion of government.
What is the significance of the Supreme Court case of Gideon v. Wainwright (1963)?
The significance of the Supreme Court case of Gideon v. Wainwright is that it claimed that everyone had the right to an attorney even if they did not have the financial background to one
What are the three guidelines for police questioning of suspects as set forth in Miranda v. Arizona (1966)?
The suspect may remain silent when question if they choose to. What a suspect says may be used against them in court The suspect has a right to have a lawyer while questioned and if they cannot afford one, then the court is to provide one for them
What is the function of the Federal Communication Commission (FCC)?
They regulate the content, nature, and existence of radios and television.
In what ways do civil liberties limit the scope of government? In what ways do they expand the scope of government?
They strictly limit government power/scope, but government efforts are often required to protect these rights and expansion of them. Mostly thouogh they limit scope of gov't.
Plea bargaining
a legal negotiation in which a prosecutor reduces a charge in exchange for a defendant's guilty plea
Bill of Rights
a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Libel
a tort consisting of false and malicious publication printed for the purpose of defaming a living person
Search warrant
a written authorization from a court specifying the area to be searched and what the police are searching for
Due Process clause
deals with the administration of justice and thus acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.
Prior restraint
government censorship of information before it is published or broadcast
6th amendment
guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime
Exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
Symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Unreasonable searches and seizures
obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment; probable cause and a search warrant are required for this to be legal
Cruel and unusual punishment
punishment prohibited by the 8th amendment to the U.S. constitution
Probable cause
reasonable grounds
In your opinion, are the rights guaranteed in the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments more beneficial to criminals or the society at large? Why?
society at large criminals due to majority of society not committing those crimes
Commercial speech
speech done on behalf of a company or individual for the intent of making a profit
Free exercise clause
the First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Establishment clause
the First Amendment guarantee that the government will not create and support an official state church
Civil liberties
the legal constitutional protections against government
Self incrimination
the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.